Why Would I Use a Mediation Lawyer?

L. Dunne

Many people have at one time or another found use for a mediation lawyer, who can be a great tool to use in resolving a dispute. Mediation is a form of dispute resolution. In mediation, an independent third party, the mediator, works with two or more parties to negotiate a settlement or come to an agreement. The agreements are not binding, but mediation usually takes less time and money than filing and proceeding with a lawsuit.

Mediation can prevent some divorcing partners from going to family court.
Mediation can prevent some divorcing partners from going to family court.

In almost all cases, mediators are mediation lawyers. The mediator must be completely impartial with no conflict of interest for any side. Mediators use tactics to aid the parties to coming to an agreement that is satisfactory for all involved. Some of these strategies may include opening dialogue or diverting attention to the important topics of the dispute. In some instances, there will not only be a mediator present, but also private mediation lawyers who represent the specific interests of their client.

Although having a private mediation lawyer is not required, it is often recommended to the parties to get the best possible outcome from the mediation. Private mediation lawyers are well trained in specific areas of law. A mediation lawyer specializing in divorce is not the same as one specializing in business disputes. They will work with their clients and must be able to determine the important issues of each case. A private mediation lawyer may be less expensive than using another attorney, though he will often charge the same hourly rate as a trial attorney.

Mediation can be used for many types of civil dispute. Rarely, if ever, is mediation done in a criminal case. Mediation is best for parties who are ready to come to an agreement or work toward negotiations. Mediation lawyers are trained in conflict resolution and are often able to help the parties come to their agreement through different methods than traditional negotiations.

Having a mediation lawyer may be important if there is a large sum of money involved or for especially complicated legal matters. This type of attorney will help his clients determine what issues they will make concessions on and which aspects they refuse to compromise on. As the case is being prepared, the mediation attorney will also be able to determine if this case is a good candidate for mediation. Although many cases can be settled quickly in an alternative dispute resolution, there are some that have to be taken to trial when a resolution can't be reached.

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